Maricopa County Superior Court Case CV2015-090274 - Arizona HOA Transparency ProjectArizona HOA Transparency Project

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Maricopa County Superior Court Case CV2015-090274: public docket details, parties, minute entries, documents, and official source links for Arrowhead Lakes Homeowners Association Inc.

Case Number: CV2015-090274
County: Maricopa
Caption: Not captured
Filed: 2/17/2015
Case Type: Civil
Judge: Valenzuela, Michael
Location: Southeast
Official Court Record: Official Court Record

Parties

Party	Relationship	Attorney
2005 Residential Trust 3-2	Intervenor	Kim Quam
Arrowhead Lakes Homeowners Association Inc	Defendant	Pro Per
Bank Of America National Assoc	Defendant	Pro Per
City Of Phoenix	Defendant	Pro Per
Desert Garden Homeowners Association Inc	Plaintiff	Mark Waldron
M W Homes L L C	Defendant	Jerry Cochran
Mortgage Electtronic Registration Systems Inc	Defendant	Pro Per
Pacific Western Bank	Defendant	Pro Per
Terry Harbeck	Defendant	Pro Per

Minute Entries

03/21/2018 — CV2015090274 HOMEOWNERS ASSOCIATION INC, DESERT GARDEN 03/21/2018 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top

Source: Minute Source

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/27/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

03/21/2018

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Nestor-Donohue

Deputy

DESERT GARDEN HOMEOWNERS
ASSOCIATION INC
MARK W WALDRON

M W HOMES L L C, et al.
DENNIS J WORTMAN

BANK OF AMERICA NATIONAL
ASSOC
NO ADDRESS ON RECORD
PACIFIC WESTERN BANK
NO ADDRESS ON RECORD
ERIC L COOK
TERRY HARBECK
NO ADDRESS ON RECORD
ARROWHEAD LAKES HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
CITY OF PHOENIX
NO ADDRESS ON RECORD
MORTGAGE ELECTTRONIC
REGISTRATION SYSTEMS INC
NO ADDRESS ON RECORD

ORAL ARGUMENT SET

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

03/21/2018

Docket Code 094
Form V000A
Page 2

THE COURT has received Counsel Dennis Wortman’s Motion To Release Excess
Funds Pursuant to A.R.S. §12-1562.

THE COURT has also received 2005 Residential Trust 3-2’s Motion to Intervene as
Defendant. 2005 Residential Trust 3-2 states it is a lienholder, claims an interest in the property,
and is seeking the excess proceeds to satisfy its junior lien.

IT IS ORDERED setting these motions for Oral Argument on Tuesday March 27, 2018
at 11:00 a.m. in this division, Maricopa County Superior Court, Southeast Facility, Courtroom
303, 222 E. Javelina Ave., Mesa AZ 85210.

All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp

PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. All parties requesting to purchase a copy of a CD of a hearing in a
courtroom are directed to call 602-506-7100 (leave details on voice mail) or email your request
to: [email protected]

03/27/2018 — CV2015090274 HOMEOWNERS ASSOCIATION INC, DESERT GARDEN 03/27/2018 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top

Source: Minute Source

Michael K. Jeanes, Clerk of Court

*** Filed ***

04/04/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

03/27/2018

Docket Code 095
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
J. L. Johnson

Deputy

DESERT GARDEN HOMEOWNERS
ASSOCIATION INC
MARK W WALDRON

M W HOMES L L C, et al.
DENNIS J WORTMAN

2005 RESIDENTIAL TRUST 3-2
ERIC L COOK

BANK OF AMERICA NATIONAL
ASSOC
NO ADDRESS ON RECORD
PACIFIC WESTERN BANK
NO ADDRESS ON RECORD
TERRY HARBECK
NO ADDRESS ON RECORD
ARROWHEAD LAKES HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
CITY OF PHOENIX
NO ADDRESS ON RECORD
MORTGAGE ELECTTRONIC
REGISTRATION SYSTEMS INC
NO ADDRESS ON RECORD

MINUTE ENTRY

Courtroom 303 – SEA

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

03/27/2018

Docket Code 095
Form V000A
Page 2

11:09 a.m. This is the time set for Oral Argument regarding Defendant M.W. Homes,
LLC’s Motion to Release Excess Funds Pursuant to A.R.S. § 12-1562 and 2005 Residential
Trust 3-2’s Motion to Intervene as Defendant. Counsel Dennis Wortman is present on behalf of
Defendant M.W. Homes, LLC. Counsel Eric Cook is present on behalf of Intervenor 2005
Residential Trust 3-2.

A record of the proceedings is made digitally in lieu of a court reporter.

Mr. Cook and Mr. Wortman address the Court regarding their respective Motions.

Mr. Wortman advises the Court that he was not provided with a copy 2005 Residential
Trust 3-2’s Motion to Intervene.

Mr. Cook is advised that the Motion to Intervene will be denied if it is not served to all
parties.

LET THE RECORD REFLECT that Mr. Wortman is provided with a copy of the
Motion to Intervene this date.

IT IS ORDERED that Defendant M.W. Homes shall provide Mr. Cook with its
bankruptcy case number within one week of today’s hearing.

IT IS ORDERED granting Counsel time to brief these motions.

IT IS ORDERED that Counsel file their respective responses by April 17, 2018.
Replies shall be due April 27, 2018.

IT IS ORDERED continuing the Oral Argument to May 4, 2018 at 9:00 a.m. in this
division, Maricopa County Superior Court, Southeast Facility, Courtroom 303, 222 E. Javelina
Ave., Mesa AZ 85210.

IT IS FURTHER ORDERED that Counsel from Maxwell and Morgan be present at the
next hearing.

IT IS ORDERED that the Clerk of the Court shall continue to hold the excess funds.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

03/27/2018

Docket Code 095
Form V000A
Page 3

11:42 a.m. Matter concludes.

All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp

PLEASE NOTE: This Court utilizes a digital audio recording system to preserve
the official record of proceedings. All parties requesting to purchase a copy of a CD of a hearing
in a courtroom are directed to call 602-506-7100 (leave details on voice mail) or email your
request to: [email protected]

04/08/2019 — CV2015090274 HOMEOWNERS ASSOCIATION INC, DESERT GARDEN 04/08/2019 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

04/09/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

04/08/2019

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
S. Cheney

Deputy

DESERT GARDEN HOMEOWNERS
ASSOCIATION INC
MARK W WALDRON

v.

M W HOMES L L C, et al.
JERRY L COCHRAN

BANK OF AMERICA NATIONAL
ASSOC
NO ADDRESS ON RECORD
PACIFIC WESTERN BANK
NO ADDRESS ON RECORD
TERRY HARBECK
NO ADDRESS ON RECORD
ARROWHEAD LAKES HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
KIM R LEPORE
CITY OF PHOENIX
NO ADDRESS ON RECORD
MORTGAGE ELECTTRONIC
REGISTRATION SYSTEMS INC
NO ADDRESS ON RECORD
COMM. LYNCH

MINUTE ENTRY

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

04/08/2019

Docket Code 094
Form V000A
Page 2

The Court is in receipt of Defendant’s Notice of Lodging Form of Order for Release of
Funds filed March 11, 2019.

IT IS ORDERED setting this matter for Oral Argument on May 09, 2019 at 9:00 a.m. in
this Division, Southeast Court Facility, 222 E. Javelina Avenue, Courtroom 303, Mesa, Arizona
85210.

05/04/2018 — CV2015090274 HOMEOWNERS ASSOCIATION INC, DESERT GARDEN 05/04/2018 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top

Source: Minute Source

Chris DeRose, Clerk of Court

*** Electronically Filed ***

05/14/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

05/04/2018

Docket Code 020
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Nestor-Donohue

Deputy

DESERT GARDEN HOMEOWNERS
ASSOCIATION INC
MARK W WALDRON

M W HOMES L L C, et al.
JERRY L COCHRAN

MINUTE ENTRY

Courtroom 303 - SEA

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

05/04/2018

Docket Code 020
Form V000A
Page 2

9:47 a.m. This is the time set for Status Conference. Intervenor 2005 Residential Trust
3-2 is represented by Counsel Joseph Tirello. Counsel Jerry L. Cochran represents Defendant M
W Holes LLC. Michael Wingersky, Member and Manager of MW Homes LLC is present.

A record of the proceedings is made digitally in lieu of a court reporter.

Joseph Tirello, Dennis Wortman and Michael Wingersky are sworn.

Oral Argument is presented.

Counsel Jerry Cochran presents his client’s position.

Counsel Joseph Tirello presents his client’s position.

Intervenor’s exhibit # 1 is marked for identification and received into evidence.

Intervenor’s exhibit # 2 is marked for identification and received into evidence.

Based on the testimony presented and documents presented,

IT IS ORDERED taking this matter under advisement, to be ruled on by minute entry.

10:27 a.m. Matter concludes.

All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp

PLEASE NOTE: This Court utilizes a digital audio recording system to preserve
the official record of proceedings. All parties requesting to purchase a copy of a CD of a hearing
in a courtroom are directed to call 602-506-7100 (leave details on voice mail) or email your
request to: [email protected]

05/06/2019 — CV2015090274 HOMEOWNERS ASSOCIATION INC, DESERT GARDEN 05/06/2019 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top

Source: Minute Source

Clerk of the Superior Court

*** Electronically Filed ***

05/07/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

05/06/2019

Docket Code 002
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
S. Cheney

Deputy

DESERT GARDEN HOMEOWNERS
ASSOCIATION INC
MARK W WALDRON

v.

M W HOMES L L C, et al.
JERRY L COCHRAN

BANK OF AMERICA NATIONAL
ASSOC
NO ADDRESS ON RECORD
PACIFIC WESTERN BANK
NO ADDRESS ON RECORD
TERRY HARBECK
NO ADDRESS ON RECORD
ARROWHEAD LAKES HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
KIM R LEPORE
CITY OF PHOENIX
NO ADDRESS ON RECORD
MORTGAGE ELECTTRONIC
REGISTRATION SYSTEMS INC
NO ADDRESS ON RECORD
COMM. LYNCH

MINUTE ENTRY

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

05/06/2019

Docket Code 002
Form V000A
Page 2

The Court is in receipt of Defendant’s Notice of Withdrawal of Motion for Clarification
and Request to Vacate Hearing filed April 24, 2019.

IT IS ORDERED accepting the Notice and vacating the Oral Argument set on May 09,
2019, all in accordance with the formal written Order signed by the Court on April 29, 2019 and
filed (entered) by the Clerk on May 06, 2019.

05/10/2016 — CV2015090274 HOMEOWNERS ASSOCIATION INC, DESERT GARDEN 05/10/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top

Source: Minute Source

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/12/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

05/10/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

DESERT GARDEN HOMEOWNERS
ASSOCIATION INC
MARK W WALDRON

M W HOMES L L C, et al.
M W HOMES L L C
NO ADDRESS ON RECORD

BANK OF AMERICA NATIONAL
ASSOC
NO ADDRESS ON RECORD
PACIFIC WESTERN BANK
818 W SEVENTH STREET
SECOND FLOOR
LOS ANGELES CA 90017
TERRY HARBECK
NO ADDRESS ON RECORD
ARROWHEAD LAKES HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
CITY OF PHOENIX
NO ADDRESS ON RECORD
MORTGAGE ELECTTRONIC
REGISTRATION SYSTEMS INC
NO ADDRESS ON RECORD
COMM. BENNY

MINUTE ENTRY

This division has received Plaintiff’s e-filed Application for Entry of Default against
Defendant Pacific Western Bank in the above-captioned case.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

05/10/2016

Docket Code 023
Form V000A
Page 2

IT IS ORDERED that no action will be taken by this division on the above referenced
document(s).

The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Margaret Benny.

IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.

Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
default coversheet and copies of the necessary filed documents to Commissioner Benny’s
division for the entry of a default judgment.

IT IS FURTHER ORDERED no further action will be taken by Commissioner Benny
until the necessary filed documents and coversheet are delivered to the division.

The parties/counsel can find the default judgment coversheet on the Court’s website:

 http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp.

The parties/counsel can find additional information in the form of frequently asked
questions:

 http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp.

06/06/2016 — CV2015090274 HOMEOWNERS ASSOCIATION INC, DESERT GARDEN 06/06/2016 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top

Source: Minute Source

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/08/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

06/06/2016

Docket Code 376
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
S. McCoy

Deputy

DESERT GARDEN HOMEOWNERS
ASSOCIATION INC
W WILLIAM NIKOLAUS

v.

M W HOMES L L C, et al.
M W HOMES L L C
NO ADDRESS ON RECORD

BANK OF AMERICA NATIONAL
ASSOC
NO ADDRESS ON RECORD
PACIFIC WESTERN BANK
848 W 7TH ST
SECOND FLOOR
LOS ANGELES CA 90017
TERRY HARBECK
NO ADDRESS ON RECORD
ARROWHEAD LAKES HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
CITY OF PHOENIX
NO ADDRESS ON RECORD
MORTGAGE ELECTTRONIC
REGISTRATION SYSTEMS INC
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

06/06/2016

Docket Code 376
Form V000A
Page 2

MINUTE ENTRY

Courtroom 303 – SEA

9:04 a.m. This is the time set for Default Hearing. Counsel W. William Nikolaus is
present on behalf of the Plaintiff Desert Garden Homeowners Association Inc. No one else
appears.

A record of the proceedings is made digitally in lieu of a court reporter.

Counsel is sworn and testifies regarding service upon MW Homes, LLC.

Discussion is held regarding further investigation into the service of documents upon
MW Homes, LLC.

For reasons as stated on the record,

IT IS ORDERED continuing this matter on the dismissal calendar for 120 days, up until
and including October 4, 2016.

IT IS FURTHER ORDERED directing Plaintiff’s Counsel to provide the Court with
written Notice regarding their investigation no later than June 10, 2016 by 5:00 p.m.

9:12 a.m. Matter concludes.

08/10/2016 — CV2015090274 HOMEOWNERS ASSOCIATION INC, DESERT GARDEN 08/10/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top

Source: Minute Source

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/15/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2015-090274

08/10/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

DESERT GARDEN HOMEOWNERS
ASSOCIATION INC
MARK W WALDRON

M W HOMES L L C, et al.
M W HOMES L L C
NO ADDRESS ON RECORD

MINUTE ENTRY

This division has received Plaintiff’s e-filed Application for Entry of Default against
Defendant MW Homes, LLC, in the above-captioned case.